The American-Arab Anti-Discrimination Committee (ADC) will appear in federal court Wednesday morning to request evidence regarding the U.S. Customs and Border Protection’s (CBP) seizure and week-long retention of journalist Max Blumenthal’s mobile phones.
The hearing in Blumenthal v. Mullin is scheduled for July 29 at 10:00 a.m. at the U.S. District Court for the Eastern District of Virginia, Alexandria Division.
CBP officers detained Blumenthal on July 10 at Dulles International Airport for approximately two and a half hours following his return from a reporting trip to Iran. According to the court filings, officers questioned Blumenthal regarding his journalism, travel funding, interview payments, and potential plans to return to Iran.
When Blumenthal declined to provide passcodes for his two phones, an officer stated the devices would be connected to machines for data extraction. CBP seized the phones while leaving his laptop and camera untouched.
The devices were returned on July 17, one day after the ADC filed an emergency motion seeking their release.
The ADC argues that the seizure and retention violated Blumenthal’s rights under the First and Fourth Amendments, as well as the Privacy Protection Act. The group is asking the court to reject the government’s argument that the case is now moot, mandate the production of chain-of-custody and forensic records, and conduct an evidentiary hearing under Federal Rule of Criminal Procedure 41(g).
Specifically, the motion seeks forensic examination reports, property-custody reports, audit logs, evidence indicating whether forensic images or backups were made, and the identities of all parties granted access to the devices.
The government maintains the matter is moot, submitting a declaration from a CBP officer stating that Blumenthal’s phones were referred for inspection but federal officials were unable to access them. The declaration asserts that no search was conducted and that CBP did not retain information from the devices.
The ADC contends that the declaration leaves key details unresolved, including the tools used, the identities of those who handled the phones, and the reason the devices were kept for seven days if officials could not access them.
“The government cannot evade accountability for the serious constitutional violations alleged here simply by returning the phones after we moved for their return,” said ADC President and Legal Director Jenin Younes. “CBP admits that the devices were sent for further inspection and that officials attempted to access them. If those efforts failed, the government must still explain why it kept the phones for a week, what technology it used, who had access to them, and what records document those efforts. A declaration asking the Court to accept the government’s assurances is not an adequate substitute for evidence.”
Court documents note that political commentator Laura Loomer publicly urged the administration to arrest Blumenthal days prior to his return, raising questions about his trip’s funding. The ADC highlighted that Blumenthal was singled out from a group of American journalists returning from the same reporting trip.
“Max returned alongside other American journalists, yet CBP singled him out after an influential political operative publicly called for his arrest,” said ADC Attorney Malak Afaneh. “The overlap between those public demands, the questions CBP asked, and the decision to seize only his phones demands careful judicial scrutiny. If the government can seize a journalist’s devices after political pressure, retain them for a week, and then avoid answering what occurred simply by returning them, it sets a dangerous precedent for press freedom and the constitutional rights of every citizen.”
The upcoming hearing will address whether the government must disclose records detailing the scope of its inspection attempts and the handling of the devices while in federal custody.
READ: State Attorney Declares Justice Delivered In Florida Following Execution Of Former Cop
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.
